GOLAP CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a revision petition from a judgment and the order dt.1 May 1978 of the learned Sessions Judge (UAD) Jorhat passed in Criminal Appeal No.5(4)/77 dismissing the petitioner's appeal from the judgment and order dt. 7 Oct. 1977 passed by the learned Judicial Magistrate of the 1st Class Golaghat in G.R. Case No.899/73.

(2.) The case of the prosecution was that the accused-petitioner was the Accountant-cum-Cashier of the Assam Co-operative Sugar Mills at Dergaon. He withdrew Rs.3,758.49 for making payment to 70 centrifugal mazdoors, that is, the accused was entrusted with Rs.3,758.49 for making payment to 70 mazdoors. Out of Rs.3,758.49, Rs.2,011.40 were not paid to 37 of the mazdoors, but entries in cash book and scroll were made by the accused showing payment of Rs.2,011.40. The amount of Rs.2,011.40 were not deposited in the cash box. The accused failed to account for the amount of Rs.2,011.40 entrusted with him. Thus accused dishonestly misappropriated the amount of Rs.2,011.40 entrusted with him. The Courts below have held that the prosecution have proved its case beyond reasonable doubt. Accordingly, the petitioner was convicted under S.408, IPC and sentenced to one year and to a fine of Rs.2,000/-, and, in default of payment of fine, to six months further R.I.

(3.) Mr. C.C. Deka, the learned counsel for the petitioner, has submitted that one of the circumstances, namely, entries alleged to have been made by the accused in the cash book and scroll showing the payment of Rs.2.011.40, was not put specifically to the accused in his examination under S.313, Cr. P.C., and that it has resulted in miscarriage of justice. Mr. C.R. De, the learned public prosecutor, has submitted that it is for the accused to explain as to how he made the payment after the amount was withdrawn and shown paid in the cash book. I am unable to accept the submission of Mr. De. I approach the matter as follows.